The purpose of these rule amendments is to support restoration and recovery of Apalachicola Bay oyster populations by modifying the regulations found in 68B-27, Florida Administrative Code (F.A.C.). The effect of these rule amendments would be ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NOS.:RULE TITLES:

68B-27.013Definitions

68B-27.014Statewide Bag Limits on Oyster Harvesting

68B-27.017Apalachicola Bay Oyster Harvesting Restrictions

68B-27.018Statewide Harvesting Restrictions

68B-27.019Seasons

PURPOSE AND EFFECT: The purpose of these rule amendments is to support restoration and recovery of Apalachicola Bay oyster populations by modifying the regulations found in 68B-27, Florida Administrative Code (F.A.C.).

The effect of these rule amendments would be to suspend commercial and recreational harvest of wild oysters in Apalachicola Bay and prohibit possession of tongs for harvesting wild oysters on the water through December 2025.

SUMMARY: These rule amendments would suspend all harvest of wild oysters in Apalachicola Bay and prohibit possession of tongs for harvesting wild oysters on the water through December 2025. The rule amendments would not apply to the authorized harvest of oysters from submerged lands leased for shellfish culture by the State of Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting October 7-8, 2020, 8:30 a.m. – 5:00 p.m. each day

PLACE: Communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone]..If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-27.013 Definitions.

As used in this chapter:

(1) “Apalachicola Bay” or “Bay” means all waters within St. George Sound, East Bay in Franklin County, Apalachicola Bay, St. Vincent Sound in Franklin County, and Indian Lagoon in Gulf County, including canals, channels, rivers, and creeks.

(2) through (11) No change.

(12) “Tongs” means a hand-operated instrument used for gathering oysters consisting of a pair of long-handled rakes with inward-facing teeth.

(12) through (13) renumbered as (13) through (14).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, 11-27-96, Formerly 46-27.013, Amended 1-1-21.

 

68B-27.014 Statewide Bag Limits on Oyster Harvesting.

(1) Commercial Bag Limit.

(a) Except as provided in paragraph (b), in all state waters open to oyster harvesting counties of the state, no person shall harvest or take for commercial purposes more than twenty (20) bags of oysters per person or per vessel, whichever is less, per day.

(b) Except as provided in 68B-27.017(1)(a), bBeginning October 1 each year and continuing through June 30 of the following year, in Apalachicola Bay, each person who harvests or takes oysters for commercial purposes shall be subject to a bag limit of twenty (20) bags of oysters per day. On any vessel in the bay during this period, a vessel limit equal to twenty (20) bags of oysters times the number of persons aboard the vessel harvesting or taking oysters for commercial purposes shall apply and possession of more than this number of bags of oysters aboard such a vessel in the bay is prohibited. Paragraph (a) shall apply in Apalachicola Bay to all commercial harvesters during the rest of the year.

(2) Recreational Bag Limit. In all state waters open to oyster harvesting counties of the state, no person may harvest harvesting oysters for recreational purposes or shall possess more than two (2) bags of oysters per person or per vessel, whichever is less, per day. The possession of more than two bags of oysters per person or vessel, whichever is less, per day by such a harvester shall constitute a violation of this rule.

(3) No person shall harvest for recreational purposes and harvest for commercial purposes within any one day.

(4) through (5) No change.

(6) The bag and vessel limits established in this rule do not apply to the authorized harvest of oysters from submerged lands which have been leased for shellfish culture by the State of Florida.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, 7-15-96, Formerly 46-27.014, Amended 6-1-99, 1-1-21.

 

68B-27.017 Apalachicola Bay Oyster Harvesting Restrictions.

In addition to all other provisions of this chapter, the following provisions shall apply to Apalachicola Bay:

(1)(a) Through December 31, 2025, no person may harvest for commercial purposes an oyster from Apalachicola Bay or possess an oyster in or on Apalachicola Bay.

(b) Beginning January 1, 2026, eExcept as provided in paragraph (c) (b), and when Apalachicola Bay is not closed for public health purposes, oysters may be harvested in the bay for commercial purposes any day of the week.

(c)(b) If during the period beginning on November 16 each year and continuing through May 31 of the following year the Commission Department’s Shellfish Assessment and Enhancement Section, through its regular monitoring of the abundance of oyster resources on Cat Point Bar and East Hole Bar in the Bbay, through the Standard Resource Management Protocol (a scale based on scientific sampling that provides a predictive index of the number of oysters available for harvest), establishes that such resources cannot sustain a harvest of 300 bags of oysters per acre, the harvest of oysters for commercial purposes from the bBay on Saturday and Sunday of each week for the remainder of the period is prohibited. The Commission shall give notice of such weekend closure in the manner provided in section 120.81(5), F.S. The weekend closure shall begin no sooner than one week following such notice.

(2)(a) Through December 31, 2025, no person may harvest for recreational purposes an oyster from Apalachicola Bay or possess an oyster in or on Apalachicola Bay.

(b) Beginning, January 1, 2026, hHarvesting oysters for recreational purposes as provided in rule 68B-27.014, F.A.C., shall be permitted on any day provided the Bay is not closed for public health reasons.

(3) Through December 31, 2025, the possession of tongs in or on Apalachicola Bay is prohibited.

(4) The prohibitions in this rule do not apply to the authorized harvest of oysters from submerged lands within Apalachicola Bay which have been leased for shellfish culture by the State of Florida.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, Formerly 46-27.017, Amended 6-1-99, 9-1-05, 5-18-06, 6-1-12, 1-1-21 .

 

68B-27.018 Statewide Harvesting Restrictions.

(1) through (4) No change.

(5) The use of any dredge, drag, scrape, or other mechanical device other than ordinary hand tongs in harvesting oysters for any purpose from public oyster beds in state waters is prohibited.

(6) The possession of any dredge, drag, scrape, or other mechanical device other than ordinary hand tongs in or on the waters above any public oyster bed is prohibited.

(7) Except as provided in 68B-27.017(3), F.A.C., Ordinary hand tongs may be stowed in vessels from sundown until sunrise.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.018, Amended 6-7-10, 11-26-14, 1-1-21 .

 

68B-27.019 Seasons.

(1) In all areas of the state, no person shall harvest oysters on the public reefs of this state, or have such oysters in possession, from July 1 through September 30 of each year, except in the following areas or circumstances:

(a) Except as provided in 68B-27.017, F.A.C., iIn Apalachicola Bay:

1. The harvest or possession of oysters on the public reefs allowed from June 1 through August 31 of each year only in the areas specified in subsection 5L-1.003(1), F.A.C., for the Apalachicola Bay System.

2. The harvest or possession of oysters on the public reefs is allowed from September 1 through May 31 of each year only in the areas specified in subsection 5L-1.003(1), F.A.C., for the Apalachicola Bay System.

(b) through (c) No change.

(2) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 10-3-94, 7-15-96, Formerly 46-27.019, Amended 9-1-05, 1-1-21.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 620 S. Meridian St., Tallahassee, Florida 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 10, 2020